Can Banks Challenge Court Cases/Orders On Behalf Of Customers

DAILY LAW TIPS (Tip 302) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

CAN BANKS CHALLENGE COURT CASES/ORDERS ON BEHALF OF
CUSTOMERS

The answer is No. Particularly in cases of garnishee proceeding,
where a bank is a garnishee, the only duty the bank owes is to show
why monies kept or owed by it to a judgement debtor should not be
ordered to be paid to a judgement creditor. Hence, bank has no
power to argue and defend its customer (judgement debtor) or to
protect monies of such customer or to contest the validity of a
court order.

Note that, “Garnishee Proceedings” is a procedure where a
judgement creditor (a winner in a case/successful litigant) sues a
person/company holding the money/goods of a judgement debtor (a
loser in a case/unsuccessful litigant) to pay/transfer such
money/goods directly to the judgement creditor as away to enable a
judgement creditor enforce his judgement.

My authorities are the Supreme Court decisions in the cases of
GUARANTY TRUST BANK PLC V. INNOSON NIGERIA LTD (2017)
LPELR-42368(SC) and also UNION BANK OF NIGERIA PLC V. BONEY MARCUS
INDUSTRIES LTD (2005) 13 NWLR (PT. 943) 654 at page 666.

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